Dismissed¶20

Aziz Moiz Kabira v. Dr Sarosh Ratanji Wadia (Deceased)

Bombay HC13 Feb 2025JOT/205/2024

Case brief

AI extract

What is this about?

Probate fraudulently obtained; permission to sell deceased's properties refused; Parsi arrayed as Hindu in Testamentary Petition; Administrator General enquiry report; Testamentary Petition 388 of 2023; Judge's Order 205 of 2024; High Court of Judicature at Bombay; Testamentary and Intestate Jurisdiction; Arif S. Doctor; Registry directions on probate grant; dismissed as withdrawn; Dr. Sarosh Ratanji Wadia; Aziz Moiz Kabira; legal heirs; AGP Manish Upadhye.

What did the court decide?

No permission to sell was granted; the Judge's Order was dismissed as withdrawn, and the Registry was directed not to take any further steps on the grant of Probate dated 6th December 2023 in Testamentary Petition No.388 of 2023. ¶20

Aziz Moiz Kabira vs Dr Sarosh Ratanji Wadia (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether permission should be granted to sell the properties of the deceased pursuant to the Probate granted in favour of the Petitioner (subject matter of the Judge's Order). +1 more

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Court's answer

At the instance of counsel for the Petitioner, the Judge's Order seeking permission to sell the deceased's properties was dismissed as withdrawn; permission to sell was accordingly not granted.

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Ratio / Principle

Perusing the Enquiry Report of the Administrator General (Dr. Chandrashekhar Sudhakar Bahakar), the Court concluded that the captioned Probate has been fraudulently obtained, and that therefore no further orders would be passed in the Testamentary Petition.

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Key takeaways

The Registry was directed not to take any further steps on the grant of Probate granted vide order dated 6th December 2023 in Testamentary Petition No.388 of 2023.ratio¶18

Detailed headnote1 paragraphs

Bombay High Court, Testamentary and Intestate Jurisdiction — Judge's Order No. 205 of 2024 in Testamentary Petition No. 388 of 2023 (Arif S. Doctor, J.; decided 13 February 2025): The Judge's Order sought permission to sell the properties of the deceased, Dr. Sarosh Ratanji Wadia, pursuant to a Probate granted in favour of the Petitioner, Aziz Moiz Kabira, by order dated 6th December 2023. By an earlier order dated 19th December 2024, noting that the deceased was a Parsi though arrayed as a Hindu in the Testamentary Petition, the Court had directed the Administrator General, State of Maharashtra to file a Report. On 13 February 2025 the learned AGP tendered the Enquiry Report of the Administrator General, Dr. Chandrashekhar Sudhakar Bahakar, a perusal of which led the Court to conclude that the captioned Probate 'has been fraudulently obtained'. Accordingly, the Court held that no further orders would be passed in the Testamentary Petition and directed the Registry not to take any further steps on the grant of Probate of 6th December 2023. Counsel for the Petitioner sought to withdraw the Judge's Order, which was dismissed as withdrawn; counsel for the legal heirs of the deceased obtained time to take appropriate instructions.

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1 5-JOT 205-24.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION

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JUDGE’S ORDER NO.205 OF 2024

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TESTAMENTARY PETITION NO.388 OF 2023

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Dr. Sarosh Ratanji Wadia … Deceased Aziz Moiz Kabira … Petitioner

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Mr. Prabhu Velar i/by Bina S. Shivhare for the Petitioner. Mr. Manish Upadhye, AGP for the State-Administrative General. Mr. Harsh Sheth i/by MDP Legal for the legal heirs of the deceased.

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Digitally signed by MUGDHA MUGDHA MANOJ MANOJ PARANJAPE PARANJAPE Date: 2025.02.14 10:38:49 +0530

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CORAM : ARIF S. DOCTOR, J. DATE : 13TH FEBRUARY 2025

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P.C. :

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The Judge’s Order is today on board seeking permission to sell the properties of the deceased pursuant to a Probate which was granted in favour of the Petitioner by this Court vide an order dated 6th December 2023.

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This Court had vide an order dated 19th December 2024 after

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noting that the deceased was a Parsi and was arrayed as a Hindu in the Testamentary Petition, directed the Administrator General, State of Maharashtra to file a Report.

Mugdha

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2 5-JOT 205-24.doc

In view of that order, today Learned AGP appearing on behalf of the Administrator General tenders a copy of the Enquiry Report of the Administrator General Dr. Chandrashekhar Sudhakar Bahakar. A perusal of which, in my view, sets out that the captioned Probate has been fraudulently obtained. Thus there shall be no further orders to be passed in this Testamentary Petition.

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The Registry is therefore directed not take any further steps on the grant of Probate which was granted vide an order dated 6 th December 2023

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passed in Testamentary Petition No.388 of 2023.

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Mr. Velar, Learned Counsel appearing on behalf of the Petitioner at this stage seeks to withdraw the Judge’s Order. The same is dismissed as withdrawn.

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Mr. Sheth, Learned Counsel appearing on behalf of the legal heirs

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of the deceased seeks time to take appropriate instructions.

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(ARIF S. DOCTOR, J.)

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Mugdha

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Aziz Moiz Kabira v. Dr Sarosh Ratanji Wadia (Deceased)

Case brief

What is this about?

What did the court decide?

Aziz Moiz Kabira v. Dr Sarosh Ratanji Wadia (Deceased)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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Coram

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